Asked by: Thangam Debbonaire (Labour - Bristol West)
Question to the Department for Education:
To ask the Secretary of State for Education, pursuant to the Answer of 21 September 2022 to Question 48396 on Hong Kong: Foreign Nationals, where in (a) his Department's guidance entitled Keeping children safe in education 2022, published on 1 September 2022, and (b) other guidance it is stated that employers are sometimes required to obtain Certificates of No Criminal Conviction; and whether this requirement is (i) mandatory, (ii) recommended or (iii) suggested.
Answered by Jonathan Gullis
Keeping children safe in education (KCSIE) is statutory guidance that all schools and colleges must consider when carrying out their duties to safeguard and promote the welfare of children. Paragraphs 280-284 of this guidance set out the checks that apply to individuals who have lived or worked outside the UK.
The Department uses the terms “must” and “should” throughout this guidance. Where the term “must” is used, the person in question is legally required to do something, and where the term “should” is used, the advice set out should be followed unless there is good reason not to.
KCISE makes clear that individuals who have lived or worked outside the UK must undergo the same checks as all other staff in schools or colleges. In addition, that schools and colleges must make any ‘further checks’ they think appropriate so that any relevant events that occurred outside the UK can be considered.
KCSIE also provides information on what these ‘further checks’ could include. Where such information is not available, KCSIE is clear that schools and colleges should seek alternative methods of checking suitability and undertake a risk assessment that supports informed decision making on whether to proceed with the appointment.
Individuals seeking employment in a school or college in England are eligible and able to obtain Certificates of No Criminal Conviction from Hong Kong, which must be endorsed by a letter from a recognised education body, such as a school or college.
Asked by: Vicky Foxcroft (Labour - Lewisham, Deptford)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether it is still her Department's policy that eligibility for a British National (Overseas) visa will be extended to people born to at least one British parent in Hong Kong after 1997 in October 2022.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route, which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament.
The change is currently scheduled to come into effect this Autumn, at which point further information will be published on GOV.UK.
Asked by: Stewart Malcolm McDonald (Scottish National Party - Glasgow South)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the British National (Overseas) (BNO) visa extension for individuals from Hong Kong born after 1997 with at least one parent with BNO status will apply to young people whose parent is deceased.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament.
Under the new provisions, children born on, or after, 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the Government’s visa support for young people from Hong Kong will extend to allowing those people to include years spent in the UK on a student visa toward the five year route to settlement for British National (Overseas) visa holders.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the process is for eligible young people from Hong Kong currently in the UK asylum system to transfer to the British Nationals (Overseas) visa from November 2022 onward.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether young people from Hong Kong who are currently in the UK on visitor leave will be able to transition into the British National (Overseas) visa if they are eligible when it extends to them in November 2022.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether young people from Hong Kong who have overstayed their current visa leave out of fear of returning to Hong Kong due to their political activity will be able to switch into the British National (Overseas) visa from within the UK.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the British National (Overseas) visa extension will apply to young people whose British National (Overseas) parents are now both deceased.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will make it her policy to allow the financial requirements of 18–25 year-old British National (Overseas) visa applicants to be sponsored by a third-party.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when she will publish (a) a timetable for the introduction of the British National (Overseas) visa extension to young people from Hong Kong and (b) eligibility criteria for that visa extension.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).